75th OREGON LEGISLATIVE ASSEMBLY--2010 Special Session

                            Enrolled

                         House Bill 3704

Sponsored by COMMITTEE ON RULES

                     CHAPTER ................

                             AN ACT

Relating to distributor cooperatives; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

  SECTION 1.  { + Section 2 of this 2010 Act is added to and made
a part of ORS 459A.700 to 459A.740. + }
  SECTION 2.  { + (1) Two or more distributors or importers may
establish a distributor cooperative for the purposes of:
  (a) Collecting the refund value of beverage containers as
established by ORS 459A.705 from distributors or importers and
refunding to dealers the amount the dealers paid for the refund
value of empty beverage containers;
  (b) Paying the refund value as established by ORS 459A.705 for
beverage containers sold in this state; and
  (c) Processing beverage containers sold in this state.
  (2) A distributor cooperative established under this section
must service a majority of the dealers in this state.
  (3) If a distributor cooperative is established, a dealer that
uses the distributor cooperative to redeem and process beverage
containers sold in this state is not required to return beverage
containers to a distributor or importer that does not participate
in the distributor cooperative, provided that the dealer or the
distributor cooperative provides an accounting to the distributor
or importer of the beverage containers by brand and kind that
were distributed by the distributor or importer and subsequently
redeemed by the dealer or distributor cooperative.
  (4) Upon receipt of the accounting required by subsection (3)
of this section, a distributor or importer that does not
participate in the distributor cooperative must pay the refund
value of the redeemed beverage containers specified in the
accounting to the dealer or distributor cooperative that provided
the accounting.
  (5)(a) For purposes of this subsection, beverage container
return rate is calculated by dividing the number of beverage
containers returned in Oregon during the calendar year by the
number of beverage containers sold for a refund value during the
calendar year.
  (b) By July 1 of each calendar year, a distributor cooperative
shall provide the Oregon Liquor Control Commission with a report
that lists, in aggregate form for all distributors and importers
that participate in the distributor cooperative, the previous
calendar year's beverage container return rate, calculated
separately for aluminum, glass and plastic containers.

Enrolled House Bill 3704 (HB 3704-A)                       Page 1

  (c) By July 1 of each calendar year, a distributor or importer
that does not participate in a distributor cooperative shall
provide the commission with a report that lists the distributor's
or the importer's beverage container return rate for the previous
calendar year, calculated separately for aluminum, glass and
plastic containers. + }
  SECTION 3.  { + The first reports to the Oregon Liquor Control
Commission under section 2 (5) of this 2010 Act must be filed no
later than July 1, 2010, for calendar year 2009. + }
  SECTION 4. This 2010 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2010 Act takes effect on its
passage.
                         ----------

Passed by House February 18, 2010

      ...........................................................
                                             Chief Clerk of House

      ...........................................................
                                                 Speaker of House

Passed by Senate February 22, 2010

      ...........................................................
                                              President of Senate

Enrolled House Bill 3704 (HB 3704-A)                       Page 2

Received by Governor:

......M.,............., 2010

Approved:

......M.,............., 2010

      ...........................................................
                                                         Governor

Filed in Office of Secretary of State:

......M.,............., 2010

      ...........................................................
                                               Secretary of State

Enrolled House Bill 3704 (HB 3704-A)                       Page 3